Emmons_County_Vault_Toilet_Pumping_Contract_PWS_Recurring_Services.pdf

PERFORMANCE WORK STATEMENT (PWS)

Oahe Project/Emmons County ND Vault Toilet Pumping Service

1.0 General Information.

1.1 Background. Corps of Engineers manages three recreation areas in Emmons County that contain 18 vault toilets. These vault toilets fill with waste and need to be pumped and the waste taken to a sanitation disposal site.

Ten vaults located in a heavy public use area may need to be pumped annually, eight others located in low use areas need pumped every other year. Fifteen of the vaults can hold up to 1250 gallons of waste when full. Three vaults hold 750 gallons of waste.

1.2 Scope of Work. This is a non-personal services contract to provide waste pumping and disposal from 18 vault toilets located on Corps of Engineers managed Recreation Areas in Emmons County of ND. The vault toilets are located 27-63 miles south of Bismarck, ND. The vault toilets will be pumped annually, fourteen per year as shown on the map and schedule. All waste will be pumped and trash removed from the designated vault toilets, any spillage from pumping must be cleaned. The waste will be disposed of in an approved sanitation disposal site arranged by the contractor. The government shall not exercise any supervision or control over the contract service providers performing the services herein. Such contract service providers shall be accountable solely to the contractor who, in turn is responsible to the government. This is a fixed priced, performance based service contract where the government defines and measures desired outcomes, while contractor methods are generally not constrained or directed.

1.3 Period of Performance. The period of performance shall be for one (1) Base Year of 12 months and four (4) 12-month option years. The vaults will be pumped in September after Labor Day of each year. The Period of Performance reads as follows:

Base Year: 03 September 2019 through 30 September 2019

• Active period of performance: September 2019

• Inactive period of performance: 01 October 2019 – 07 September 2020

Option 1: 08 September 2020 through 30 September 2020

• Active period of performance: September 2020

• Inactive period of performance: 01 October 2020 – 06 September 2021

Option 2: 07 September 2021 through 30 September 2021

• Active period of performance: September 2021 Inactive period of performance: 01 October – 05 September 2022

Option 3: 06 September 2022 through 30 September 2022

• Active period of performance: September 2022

Inactive period of performance: 01 October – 04 September 2023

Option 4: 05 September 2023 through 30 September 2023

• Active period of performance: September 2023

Inactive period of performance: 01 October – 08 September 2024

*Note: The Contractor is not required to perform any services during the inactive period of performance.

1.4 Contractor Personnel

1.4.1 The contractor shall perform all work under this contract using his or her own forces except as provided in Paragraph 1.4.2 Subcontracting. Employees who perform this work shall be qualified persons on the contractor’s own payroll.

1.4.2 Subcontracting. The contractor shall not subcontract any work without written approval of the Contracting Officer. Compliance with the provisions of this contract by subcontractors shall be the responsibility of the contractor.

1.5 Quality Control

1.5.1 The contractor shall designate, in writing, an employee who shall serve as the contact for matters involving quality and performance or nonperformance of the required work stated in this PWS. The employee(s) shall be qualified and fully competent with full authority to act for, and on behalf of, the contractor as necessary to insure that the required work is performed in accordance with the standards contained herein. The contractor shall furnish the above written designation to the Contracting Officer’s Representative (COR) no later than the first day of work.

The contractor shall include the name(s), address(s), and telephone number(s) of the responsible individual(s).

1.5.2 The Contracting Officer reserves the right to disapprove any individual whom he considers incompetent to perform the work required. The Contracting Officer will provide a written notice of any disapproval to the contractor.

1.6 Quality Assurance. The government will visually inspect the vault toilets to ensure that the Contractor is performing the services required by this PWS in an acceptable manner. The Government may use Quality Assurance Evaluators (QAE(s)) to provide assistance with the quality assurance methods.

1.6.1 The government has the right to inspect all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The government shall perform inspections in a manner that will not delay the work.

1.6.2 If any of the services do not conform to contract requirements, the government may require the contractor to perform the services in conformity with contract requirements and at no increase in cost. If the contract requirements are not met after a second attempt the government may (1) require the contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

1.6.2.1 Upon verification of a validated customer complaint or corrective action report, COR] will notify the contractor that they are required to re-perform specific services within 30 days. [

1.6.3 The government may take action, if the contractor fails to perform the services again or to take the necessary action to ensure future performance is in conformity with the contract requirements. The government may (1) by contract, or otherwise, perform the services and charge to the contractor any cost incurred by the government that related to the performance of such service or (2) terminate the contract in whole or in part

1.6.4 The contractor is responsible to replace/repair any damage to government property due to negligence, at his or her own cost. The government may take action, if the contractor fails to replace/repair any damage to government property. The government may (1) by contract, or otherwise, replace/repair damaged government property and charge to the contractor any cost incurred by the government to replace/repair any damage.

1.7 Hours of Operation. The contractor can conduct business during daylight hours except when the Government facility is closed due to local or national emergencies, administrative closings, or similar Government directed facility closings. The Contractor must maintain an adequate workforce for the uninterrupted performance of all tasks defined within this PWS when the Government facility is not closed for the above reasons. When hiring personnel, the Contractor shall keep in mind that the stability and continuity of the workforce are essential.

1.8 Pre-Work Meeting. Prior to commencing any activities, the contractor shall arrange a Pre-work Meeting with the COR. The Meeting shall discuss the work requirements, scheduling, submittal process, review of the Activity Hazard Analysis (AHA), and Abbreviated Accident Prevention Plan (AAP). At least one (1) week prior to commencing work, the Contractor shall coordinate their proposed work schedule with the COR.

1.9. Submittals. Prior to commencement of services, the Contractor shall submit the following documents to the Contracting officer representative for review and approval

a. Activity Hazard Analysis (AHA)

b. Abbreviated Accident Prevention Plan (APP)

c. List of who will perform work on this contract;

d. Proof of Insurance for Contractors and Subcontractors

e. Disposal site letter of acceptance for length of contract

1.10 Standards and Regulations. The Contractor shall perform to the standards in the contract and comply with all Local, State, and Federal Regulations during the services performed. The Contractor is responsible for ascertaining the extent to which these regulations affect the operations resulting from this contract. The Contractor shall comply will all applicable regulations. Applicable regulations include, but are not limited to the following:

a. Code of Federal Regulations (CFR), Title 36, Chapter III, Part 327, Rules and Regulations Governing Public Use on Corps of Engineers Water Resource Development Projects EP 1165-2-316 (http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2- 316.pdf?ver=2013-08-22-104526-670)

b. Engineering Manual (EM) 385-1-1 (USACE – Safety and Health Requirements Manual), dated November 2014; http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

c. Occupational Safety and Health Standards (29 CFR 1910);

1.10.1 Activity Hazard Analysis (AHA). The contractor shall prepare the AHA in accordance with Paragraph 01.A.14 or 01.A.15 of the EM 385-1-1. If using Paragraph 01.A.15, prepare the AHA IAW Figure 1-2.

Note: Contractors and other individual employer’s typically use Job Safety Analyses (JSAs), Job Hazard Analyses (JHAs), or similar Risk Management assessment tools. The government considers equivalent to, and acceptable substitutes for, the USACE’s AHA provided the data collected is the same as that required by the AHA, commensurate with the type of services the contractor is performing.

1.10.2 Abbreviated Accident Prevention Plan (APP). EM 385-1-1 in its entirety may be too complex for the type of work performed under these contracts; contractors may reference Appendix A, for abbreviated Accident Prevention Plan (APP). The contractor shall only need to submit items in Appendix A that are pertinent to the contract. The contractor shall use a qualified person to prepare the site-specific abbreviated Accident Prevention Plan (APP). The contractor shall prepare the APP in accordance with the format and requirements of the EM 385-1- 1 and supplemented herein. The contractor shall sign and submit the APP for approval prior to the start of work onsite.

1.11 Physical Security

1.11.1 The contractor shall be responsible for safeguarding all government facilities, property, and materials provided for contractor use. The contractor shall secure at all times all government facilities, property, and materials.

Specific security conditions may change based on threats to national defense, and based on the risk of specific facilities to these threats. The contractor shall abide by these changing conditions at all times, as applicable.

1.11.2 Key Control. N/A

1.12 Antiterrorism/Operation Security Requirements

http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013-08-22-104526-670 http://www.publications.usace.army.mil/Portals/76/Publications/EngineerPamphlets/EP_1165-2-316.pdf?ver=2013-08-22-104526-670 http://www.publications.usace.army.mil/Portals/76/Publications/EngineerManuals/EM_385-1-1.pdf

1.12.1 Access and General Protection/Security Policy and Procedures. N/A

1.12.2 Pre-screen candidates using E-Verify Program. The Contractor must pre‐screen candidates using the E‐verify Program (http://www.dhs.gov/E‐Verify) website to meet the established employment eligibility requirements. The vendor must ensure that the candidate has two valid forms of government issued identification to ensure the correct information is entered into the E-verify system. An initial list of verified/eligible candidates must be provided to the [Insert Contracting Officer or COR] no later than three (3) business days after the initial contract award.

[The item above can be deleted if the contract is for fewer than 120 days or is valued at less than the simplified acquisition threshold. (Source: http://www.uscis.gov/e-verify/federalcontractors/exemptions-and-exceptions).]

1.13 Payment

1.13.1 The government will make payment [Upon completion of all services], after the government has inspected and accepted the services, and the government has reviewed, approved, and processed the contractor’s invoice. The contractor shall submit the invoice to the COR and/or any other person that has been designated in the contract to receive the invoice.

1.13.2 The contractor must provide the contractor’s name, address, contract number, period of services completed (i.e., for the month of January or for the period of performance of January 1 through February 23), CLIN number and specific quantities of work performed (i.e., 1 Month, 40 days, 100 acres, etc.), and total requested, for an invoice to be considered proper. The contractor shall submit the invoice by the fifth (5th) of the month for services completed the previous month or submit the invoice upon completion of all services, in accordance with the period of performance stated in the CLIN.

2.0 Definitions. The following definitions and descriptions apply wherever the word(s) or phrase(s) is/are stated in this PWS:

Acceptable Level of Performance (ALP): The maximum percent defective, the maximum number of defects per hundred units, or the number of defects in a lot considered satisfactory on the average. The allowable leeway or variance from a standard before the government will reject the specific service.

Contracting Officer’s Representative (COR): means an individual designated an authorized in writing by the Contracting Officer to perform specific technical or administrative functions.

Performance-Based Contract (FAR 2.101): Structuring all aspects of an acquisition around the purpose of the work to be performed with the contract requirements set forth in clear, specific, and objective terms with measurable outcomes as opposed to either the manner by which the work is to be performed or broad and imprecise.

Performance Requirements Summary (PRS): The PRS shows contract requirements, the component requirements related to each contract requirement, the price of each work requirement as a percentage of the associated contract requirement (Fixed Price Contracts), the standard of performance, and the acceptable level of performance (ALP) for each work requirement.

Quality Assurance Surveillance Plan (QASP): An organized written document used by the Government for quality assurance surveillance. Document contains sampling/evaluation guides, checklists, and the performance requirements summary (PRS).

3.0 Government Furnished Items and Services

3.1 Services. N/A

3.2 Facilities. N/A

http://www.uscis.gov/e-verify/federalcontractors/exemptions-and-exceptions

3.3 Utilities. N/A

3.4 Equipment. N/A

3.5 Materials. Map and schedule of vaults to be cleaned

4.0 Contractor Furnished Items and Responsibilities

4.1 General. The Contractor shall furnish all supplies, equipment, facilities and services required to perform work under this contract that are not listed under Section 3 of this PWS. The contractor will provide location where the waste is disposed

4.2 Materials. The contractor shall furnish garbage bags for trash removed from vaults

4.3 Equipment. The Contractor shall provide the truck and all equipment required to remove all waste and trash from the vault toilets and clean up any spilled waste.

5.0 Specific Tasks

5.1 Basic Services. The contractor shall provide services for removing and disposing of waste and trash from eighteen different vault toilets, fourteen per year as shown on the map and schedule provided. The contractor shall notify the COR 24 hours prior to commencing pumping.

5.2 Vault Toilet Pumping

The contractor shall remove all liquid, sludge, solids, cans, bottles, plastic bags and other foreign material from all septic tanks (i.e. pumping, back flushing and agitation). The contractor shall clean up any spilled waste. All trash removed will be bagged and disposed of in a garbage receptacle. The contractor shall transport all contents of the septic tanks off-site to an EPA approved disposal site. The contractor shall provide the COR with the disposal location.

6.0 Performance Requirements Summary. The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Performance Objective

(The Service required— usually a shall statement)

Standard Performance Threshold (This is the maximum error rate. It could possibly be “Zero deviation from standard”)

Method of Surveillance

PRS # 1.

The contractor shall pump/remove all waste from the vault toilet

The contractor shall complete all vault toilet pumping in accordance with paragraphs 5.1-5.2

Vault must be completely emptied zero deviation from standard

Each vault will be visually inspected for compliance by

COR

7.0 Attachments

Map of Vault toilet locations

Schedule of Vault toilets to be cleaned

Standard